Can Financial Creditor change date of default through rejoinder affidavit in the application filed under Section 95 of IBC against Personal Guarantor? – Sanjeeb Ranjeet Das Vs. Punjab National Bank and Anr. – NCLAT New Delhi
Hon’ble NCLAT has dismissed an appeal filed by Personal Guarantor on change of default by PNB in the application filed under Section 95 of IBC.
The Hon’ble Appellate Tribunal held that it is well settled that Financial Creditor is permitted to supplement the Application by filing the additional documents.
The Bench also observed that the Adjudicating Authority has also granted time to the Personal Guarantor to file reply to the amended petition and to oppose the new date of default to be inserted by the Creditor.